II. Site Content
Unless otherwise noted, the Site, and all materials on the Site, including all audio, video, text, images, illustrations, designs, icons, photographs, and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Materials”), are owned, controlled, lawfully used, or licensed by Isabel Garcia and the Behind the Doc LensTM project.
Certain aspects of the Materials are used with the express permission of authors, creators or artists who either appear in or whose work appears in the Materials (“Third Party Materials”). Other than having authorization to use such Third Party Materials, Behind the Doc Lens is not responsible for the content created by third parties that may appear on this Site.
You may use the Materials from the Site only for personal, non-commercial purposes. Other than such use for non-commercial purposes, you agree not to use, download, reproduce, distribute, create derivative works from, or incorporate, perform, display, translate, frame, post, transmit or sell any Materials (including any Third Party Materials) made available to you from the Site without our express prior authorization.
III. Copyright Complaints
If you believe that your proprietary work has been used or appears on our Site without authorization, please provide us with written notice of same (“Notice”). Such Notice should be provided only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site. Your Notice of copyright infringement must include the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Please send your notice to:
Re: Behind the Doc Lens-Isabel Garcia
Burns & Levinson LLP
125 Summer Street
Boston, MA 02110
617-345-3577 (direct line)
IV. Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We are not responsible for any errors, inaccuracies or omissions relating to, arising out of or appearing on our Site or through our Services.
V. Links to Other Websites
The Site may contain links to other websites that are not under our control. Links are provided solely for the convenience and information of the users of the Site. We make no representation
or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk.
THE MATERIALS ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
VII. Limitation of Liability
BEHIND THE DOC LENS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE OR THE CONTENT APPEARING ON OUR SITE. BEHIND THE DOC LENS DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. YOU UNDERSTAND AND AGREE THAT YOU USE THE CONTENT AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE AND ANY DAMAGE OR HARM CAUSED TO ANY PERSON OR TO ANY DEVICE USED TO ACCESS THE SITE OR OUR SERVICES, INCLUDING ANY LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT, THE SERVICES AND OTHER ITEMS USED OR CONTAINED IN THE SITE AT ANY TIME WITHOUT NOTICE.
SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
VIII. Choice of Law
IX. Force and Effect of Agreement
The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Behind the Doc Lens’ right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.